SYSTEMIC PROPERTIES AND CONNECTIONS OF A PENAL INSTITUTE OF MULTIPLICITY

Агаев И.Б.
Системные свойства и связи уголовно-правового института множественности.
Law journal «Черные дыры в Российском Законодательстве».
Moscow, 2009, No.6, pp. 88—92. 0,7 quires.

The paper investigates features of properties and communications, in whose system the institute of crime multiplicity is placed. It is noted that the concept of multiplicity cannot be derived from itself, and therefore for research of its nature it is necessary to establish all connections and mediations, in the system of which this penal institute is placed. The author reasons that the application of systemic method assumes considering, the first, institute of multiplicity as a system of interconnected elements, the second, the institute as an element of more complex system. In the first case a research object shall be studying the components of multiplicity, such as repetition, cumulation and recidivism of crimes in their interrelation, in the second it’s on studying interrelations of multiplicity with other institutes of criminal law. According to the author, the exclusion of repetition from the Criminal Code of the Russian Federation was made without specifics of criminal law. The criminal law, unlike civil law, is directed not on compensation of the caused harm, but on prevention of new crimes on the part of a person, who has violated the criminal law. Therefore, the sanction of the Criminal Code, unlike the sanction of civil law, has to consider not only the scope of the caused harm, but also probability of new violations of the law.